Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2390
Posts / Week:6.1
Archived Since:March 17, 2008

Blog Post Archive

DMCA hearings, phone/tablet unlocking

3 months agoIndustries / Law : 43(B)log

Copyright Office: Jacqueline Charlesworth Michelle Choe Regan Smith Cy Donnelly Steve Ruhe John Riley Stacy Cheney (NTIA) Proposed Class 11-12: Unlocking – wireless telephone handsets and tablets Proposed class 11 would allow the unlocking of wireless telephone handsets. Show More Summary

I intervene in SanMedica v. Amazon to disclose clickthroughs

3 months agoIndustries / Law : 43(B)log

Kind of a busy day. With the invaluable help of Public Citizen, I filed a motion to intervene and unseal in the SanMedica case, in which the court redacted the number of clickthroughs received by Amazon as a result of its ads using the plaintiffs' trademark, depriving us of the ability to understand the meaning of the case. Show More Summary

DMCA hearings, security research, opponents

3 months agoIndustries / Law : 43(B)log

Security research continued, opponents Copyright Office: Jacqueline Charlesworth Michelle Cho Reagan Smith Cy Donnelly Steve Ruhe John Riley Stacy Cheney (NTIA) Opponents: Christian Troncoso, BSA | The Software Alliance: we support good faith security testing. Show More Summary

DMCA hearings: security research proponents

3 months agoIndustries / Law : 43(B)log

Library of Congress DMCA exemption hearings Proposed Class 25: Software – security research This proposed class would allow researchers to circumvent access controls in relation to computer programs, databases, and devices for purposes of good-faith testing, identifying, disclosing, and fixing of malfunctions, security flaws, or vulnerabilities. Show More Summary

"Commercial advertising and promotion" can't be conclusorily alleged

3 months agoIndustries / Law : 43(B)log

Jus Punjabi, LLC v. Get Punjabi Inc., 2015 WL 2400182, No. 1:14–cv–3318 (S.D.N.Y. May 20, 2015) Jus Punjabi, a cable and satellite television network serving the U.S. Punjabi community, sued Get Punjabi, a rival television network. Jus...Show More Summary

DMCA hearings, LA: Guest post by Betsy Rosenblatt

3 months agoIndustries / Law : 43(B)log

Guest post from Betsy Rosenblatt The triennial Copyright Office DMCA exemption hearings began on May 19 for three days in Los Angeles before moving next week to Washington, D.C. for four more days. I attended the first two days, which addressed a wide range of topics. Show More Summary

False claims of FDA approval actionable under Lanham Act and state law

3 months agoIndustries / Law : 43(B)log

Innovative Health Solutions, Inc. v. DyAnsys, Inc., 2015 WL 2398931, No. 14-cv-05207 (N.D. Cal. May 19, 2015) IHS sells a medical device called P–STIM. DyAnsys used to be the distributor of P-STIM in the US, but after it lost the distributorship...Show More Summary

FDA pre-approval doesn't bar Lanham Act false advertising claim against device

3 months agoIndustries / Law : 43(B)log

Church & Dwight Co. v. SPD Swiss Precision Diagnostics, GMBH, No. 14 Civ. 00585, 2015 WL 2359467 (S.D.N.Y. Mar. 24, 2015) Earlier discussion. SPD argued that the FDCA barred Lanham Act false advertising claims against it because the FDA had preapproved its pregnancy test and the labeling thereof. Show More Summary

4th Circuit adopts Rogers, lifts injunction against disparaging reference to NAACP

3 months agoIndustries / Law : 43(B)log

Radiance Foundation, Inc. v. National Association for the Advancement of Colored People, No. 14-1568 (4th Cir. May 19, 2015) The Radiance Foundation published an article online entitled “NAACP: National Association for the Abortion of Colored People” that criticized the NAACP’s stance on abortion. Show More Summary

Pop goes the lawsuit: "original" ice pop claim could be false advertising

3 months agoIndustries / Law : 43(B)log

Conopco Inc. v. Wells Enterprises, Inc., No. 14 Civ. 2223, 2015 WL 2330115 (S.D.N.Y. May 13, 2015) Wells makes the Bomb Pop, the first red-white-and-blue rocket-shaped ice pop sold in the US, created in 1955, and markets it as the “original Bomb Pop,” with “original” prominent on the packaging. Show More Summary

His red (copy)right hand

3 months agoIndustries / Law : 43(B)log

Transformative work of the day, Dr. Seuss meets Nick Cave and the Bad Seeds edition. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Garcia v. Google reversed; many sigh in relief

4 months agoIndustries / Law : 43(B)log

Garcia v. Google, Inc., No. 12-57302, -- F.3d – (9th Cir. May 18, 2105) (en banc) Judge McKeown wrote the majority opinion. Garcia was fooled into taking part in a movie that turned out to be the awful Innocence of Muslims, and received death threats because of it. Show More Summary

Close but no cigar: "worked closely" claim is puffery

4 months agoIndustries / Law : 43(B)log

Springbrook Software, Inc. v. Douglas County, 2015 WL 2248449, No. 13–cv–760 (W.D. Wis. May 13, 2015) (magistrate judge) Springbrook sued Douglas County and the City of Superior for breach of contract and related claims after they stopped paying fees owed under a contract for Springbrook’s financial system software for local governments. Show More Summary

Reading list: James Grimmelmann on Lauren Willis

4 months agoIndustries / Law : 43(B)log

Two great tastes that taste great together: The always-entertaining James Grimmelmann on the always-enlightening Lauren Willis:Two decades ago, contract law ran headlong into online terms of service, looked around briefly in confusion, and announced that it needed to go take a nap. Show More Summary

ascertainability defeats class but EULA doesn't

4 months agoIndustries / Law : 43(B)log

Perrine v. Sega of America, Inc., No. 13-cv-01962, 2015 WL 2227846 (N.D. Cal. May 12, 2015) Gearbox developed and Sega produced the game “Aliens: Colonial Marines,” “held out as the canon sequel to James Cameron’s 1986 film ‘Aliens.’” The named plaintiffs purchased prerelease copies. Show More Summary

New Jersey court rejects ascertainabilty requirement for class actions

4 months agoIndustries / Law : 43(B)log

Daniels v. Hollister Co., --- A.3d ----, 2014 WL 8808428, No. A–3629–13T3 (N.J. Super. Ct. App. Div. Oct. 21, 2014) Another older opinion just spat out by Westlaw; of interest because it’s a state court within the Third Circuit rejecting that circuit’s view of “ascertainability” in class actions. Show More Summary

Prior proceedings: no confusion where defendant existed for 100 years

4 months agoIndustries / Law : 43(B)log

Sovereign Military Hospitaller Order of Saint John v. Florida Priory of the Knights Hospitallers of the Sovereign Order of Saint John, 2014 WL 8804752, No. 09–81008–CIV (S.D. Fla. Aug. 19, 2014) Westlaw just coughed this one up and I found it interesting because of prior proceedings (okay, fine, pun intended). Show More Summary

No need to name competitor if context does

4 months agoIndustries / Law : 43(B)log

Champion Laboratories, Inc. v. Central Illinois Manufacturing Co., 2015 WL 2208198, No. 14 CV 9754 (N.D. Ill. May 8, 2015) The parties are the leading manufacturers and suppliers of fuel dispensing filters in the United States. “Fuel...Show More Summary

SDNY allows consumer "organic" claims to proceed

4 months agoIndustries / Law : 43(B)log

Segedie v. Hain Celestial Group, Inc., 2015 WL 2168374, No. 14–cv–5029 (S.D.N.Y. May 7, 2015) Plaintiffs bought Earth’s Best food, body care, and home care products, and alleged that they were misleadingly labeled as “organic,” “natural,”...Show More Summary

Hypo of the day, Denny's edition

4 months agoIndustries / Law : 43(B)log

This might require a bit of background. Tumblr is a social media platform very popular with a demographic of young users; Yahoo! bought Tumblr and is trying to figure out how to make it profitable through advertising. As a result, Tumblr is trying out new ad formats in users' let's-call-them-newsfeeds. Show More Summary

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